Karnataka High Court

Abdul Basha vs The State Of Karnataka on 4 February, 2025

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                                                         NC: 2025:KHC:5085
                                                       WP No. 1709 of 2025




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF FEBRUARY, 2025

                                            BEFORE
                            THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                           WRIT PETITION NO. 1709 OF 2025 (CS-EL/M)
                    BETWEEN:

                    1.    ABDUL BASHA
                          AGED ABOUT 65 YEARS
                          S/O ABDUL SATHARSAB
                          MEMBERSHIP NO.1656

                    2.    NAGARAJA
                          AGED ABOUT 57 YEARS
                          S/O KOTEKALLAPPA
                          MEMBERSHIP NO.2225,

                    3.    RANGADHAMAIAH
                          AGED ABOUT 57 YEARS
                          S/O SANNA THIMAIAH
Digitally signed by
                          MEMBERSHIP NO.0611
MAHALAKSHMI B M
Location: HIGH      4.    THAMANNA
COURT OF
KARNATAKA                 AGED ABOUT 60 YEARS
                          S/O DODDANNA
                          MEMBERSHIP NO.1281

                    5.    SHIVANNA
                          AGED ABOUT 60 YEARS,
                          S/O CHICKEERAPPA
                          MEMBERSHIP NO.1882

                    6.    K. RANGANATH
                          AGED ABOUT 80 YEARS,
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                                  WP No. 1709 of 2025




     S/O KARIGOWDA
     MEMBERSHIP NO.1632

7.   K P CHANDRANNA
     AGED ABOUT 75 YEARS,
     S/O PUTTARUDRAIAH
     MEMBERSHIP NO.1372

8.   N E RANGAPPA
     AGED ABOUT 65 YEARS,
     S/O ERAPPA
     MEMBERSHIP NO.2011

9.   THIMAIAH
     AGED ABOUT 60 YEARS,
     S/O KAMBANNA
     MEMBERSHIP NO.0613

10. B K BASAVARAJU
    AGED ABOUT 65 YEARS
    S/O KAMANNA
    MEMBERSHIP NO.2707

11. MANJUNATHA B C
    AGED ABOUT 60 YEARS
    S/O CHIKKANNA
    MEMBERSHIP NO.0109

12. D L NARASIMHAMURTHYA
    AGED ABOUT 63 YEARS
    S/O LINGAPPA
    MEMBERSHIP NO.2791

13. LAKSMIRANGANATH
    AGED ABOUT 70 YEARS
    S/O DODDA RANGAPPA
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                                 WP No. 1709 of 2025




    MEMBERSHIP NO.1903

14. KAMANNA
    AGED ABOUT 70 YEARS
    S/O MALANNA
    MEMBERSHIP NO.2831

15. MALANNA
    AGED ABOUT 70 YEARS
    S/O BASAVALINGAPPA,
    MEMBERSHIP NO.0996

16. PUTTAMMA
    AGED ABOUT 60 YEARS
    W/O NAGOJAPPA
    MEMBERSHIP NO.0996

17. VEERALINGAPPA
    AGED ABOUT 60 YEARS
    S/O LINGAIAH
    MEMBERSHIP NO.3231

18. RANGAIAH
    AGED ABOUT 75 YEARS
    S/O RANGADHAMAIAH
    MEMBERSHIP NO.3232

19. RANAGAIAH B
    AGED ABOUT 66 YEARS,
    S/O MUDHAIAH,
    MEMBERSHIP NO.3251

20. BOMANNA
    AGED ABOUT 58 YEARS
    S/O RANNA,
    MEMBERSHIP NO.2250
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                                   WP No. 1709 of 2025




21. ERAPPA
    AGED ABOUT 75 YEARS,
    S/O DODDAERAPPA
    MEMBERSHIP NO.3205

22. VISHESHWARAIAH
    AGED ABOUT 60 YEARS
    S/O KARIBASAIAH
    MEMBERSHIP NO.1003

23. HANUMANTHARAYAPPA
    AGED ABOUT 68 YEARS,
    S/O SANNA CHIKKANNA
    MEMBERSHIP NO.2256

     ALL ARE MEMBERS OF PRIMARY
     CO-OPERATIVE AGRICULTURE AND RURAL
     DEVELOPMENT BANK LTD., MADHUGIRI,
     MADHUGIRI TALUK - 572 132.
     TUMKUR DISTRICT.
                                           ...PETITIONERS
(BY SRI. JAI PRAKASH REDDY M, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS SECRETARY,
     DEPARTMENT OF CO-OPERATION,
     M S BUILDING,
     BANGALORE - 560 001.

2.   THE CO-OPERATIVE ELECTION AUTHORITY
     3RD FLOOR, SHANTHINAGAR
     TTMC 'A' BLOCK, K.H. ROAD,
     SHANTHINAGAR,
     BENGALURU - 560 027,
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                                     WP No. 1709 of 2025




     BY ITS COMMISSIONER.

3.   THE RETURNING OFFICER
     PRIMARY CO-OPERATIVE AGRICULTURE
     AND RURAL DEVELOPMENT BANK LTD.,
     MADHUGIRI,
     MADHUGIRI TALUK - 572 132,
     TUMKUR DISTRICT.

4.   PRIMARY CO-OPERATIVE ARGICULTURE
     AND RURAL DEVLOPEMTN BANK LTD.,
     MADHUGIRI, MADHUGIRI TALUK - 572 132
     TUMKUR DISTRICT,
     BY ITS CHIEF EXECUTIVE OFFICER
     REGISTERED UNDER THE KARNATAKA
     CO-OPERATIVE SOCIETIES ACT 1959.
                                         ...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R3;
    SRI. T.L. KIRAN KUMAR, ADOCATE FOR R2)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF        INDIA PRAYING    TO   DIRECTION,
DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS
TO THE R4 SOCIETY BY INCLUDING THE NAME OF THE
PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R4 SOCIETY
AS PER CALENDAR OF EVENTS DATED 07/01/2025 VIDE ANNX-
C ISSUED BY R3 AND ETC.,

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:   HON'BLE MRS JUSTICE K.S. HEMALEKHA
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                                         WP No. 1709 of 2025




                        ORAL ORDER

Petitioners are seeking to direct respondents to

include the names of petitioners in the eligible voters list

and permit the petitioners to cast their votes in the

election of respondent No.4-Society, which was scheduled

to be held on 25.01.2025.

2. This Court, by way of interim arrangement on

23.01.2025, permitted the petitioners to cast their votes in

the ensuing elections scheduled to be held on 25.01.2025

to the Board of Directors of respondent No.4-Society

subject to the final outcome of this writ petition.

3. The challenge in this writ petition is on the

premise that notice under Rule 13 of the Karnataka

Co-Operative Societies Rules, 1960 ('the KCS Rules, 1960'

for short) is not issued.

4. Rule 13-D of the KCS Rules, 1960 reads as

under:

"13-D. Preparation of electoral rolls and calendar of events.-(1) Election Officer shall, after

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due verification, send a consolidated list of all co- operative societies in the district where elections are due at least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election Authority indicating therein the following particulars.-

(a) the name and address of the society;

(b) number of elected directors of the board;

(c) the date of expiry of the term of office of the board;

(d) the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority.

(2) The Co-operative Election Authority shall, on receipt of such reports from the Election Officer, containing the list of cooperative societies where elections are due, publish the calendar of events for the preparation of electoral rolls and the conduct of elections of the boards of the co-

operative societies indicating the name and address of each society.

(2-A) The election officer shall take steps for publication of voter list who are not eligible to vote in the following manner, namely.-

(i) For publication of draft ineligible electoral list, the chief executive of every cooperative Society shall prepare notice in respect of

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members not attending three out of the last five annual general body, meetings and members not utilising such minimum services or facilities in a co-operative year as specified in the bye-laws for three consecutive co- operative years.

(ii) The chief executive of every co-operative society shall send above prepared notice to all ineligible members, fifteen days prior to six months to the date of election of the board by registered post and an opportunity shall be given to such member to file their objections, if any within fifteen days from the date of notice.

(iii) The chief executive of every co-operative society shall submit the list of ineligible voters to the election officer along with their objections and also produce the records pertaining to absence from general body meeting with attendance and services utilised by members. He has to produce the records for having sent the notice along with acknowledgement to the election officer within thirty days from the date of notice as specified by the election officer.

(iv) The chief executive of every cooperative society shall state in his notice that the ineligible voter can appear before the election

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officer between thirty days to sixty days from the date of notice to get the remedy.

v) The election officer has to hear and dispose the objections filed by the ineligible voters within sixty days from the days of submission of objections from such voters.

(vi) The final list of ineligible voters shall be published on or before fifteen clear days prior to the date of election.

(3) The Election Officer shall take steps for publication of voters list in the following manner, namely.-

(a) for publication of draft eligible list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the date of election;

(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

(4) It shall be the duty of every society to furnish correct information required by the Election

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Officer to enable him to approve the electoral rolls as directed by the Co-operative Election Authority.

(5) The chief executive of every co- operative society shall prepare (i) a draft list of the eligible members or representatives and delegates with right to vote, (ii) a list of members whose repayments will fall due before the date fixed for publication of final electoral roll, (iii) a list of defaulters, (iv) a list of other members or representatives and delegates who are not eligible to vote at a general election indicating the reasons for ineligibility memberwise on the basis of entries in the updated membership register specifying,-

(a) the name of the member or representative, the admission number, the name of the parent or husband and the address of such member or representative in the case of an individual member;

(b) the admission number, the name of the society, the name of the delegate proposed to represent the society in the case of a member society,

and submit the said lists to the Election Officer along with the related books, records and documents and any other information as the Election Officer may

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require, at least sixty days before the date of election.

(6) The Co-operative Election Authority shall call upon the Chief Executive of the co-operative society to obtain from the member society, the name of an authorised member of the board of such society as a delegate, together with the resolution of the board of the said society and the specimen signature along with the photograph of the delegate duly attested and bearing the seal of the society and furnish all such information under sub-rule (5).

(7) The final electoral roll shall consist of the following,-

(a) all the individual members with right to vote in respect of a primary co-operative society; or

(b) all the individual members and the delegates of the members societies with right to vote in respect of a secondary co-operative society; or

(8) The copy of such electoral roll in respect of each society shall be kept open for inspection in

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the office of such society as also in the office of the Election Officer.

(9) The election calendar of events for general election of directors of the board shall provide for.-

(a) date of notification inviting nomination;

(b) last date for receipt of nomination;

(d) date and time for publication of list of validly nominated candidates;

(e) date and time for withdrawal of nomination papers;

(f) Date and time for publication list of contesting candidates;

(g) Date and time for allotment of symbols and publication of contesting candidates with symbols;

         (h)    Date and time of poll;
         (i)    Date and time of counting and declaration of
                results."

5. The Co-Ordinate Bench of this Court in the case

of Sri. B Ganganna and others Vs. The State of

Karnataka, Department of Co Operation and others1

(B Ganganna) had given deliberate consideration to the

ILR 2024 KAR 1901

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provisions of Rule 13-D of the KCS Rules, 1960 and

adjudication of dispute under Section 70 of the Karnataka

Co-Operative Societies Act, 1959 ('KCS Act, 1959' for

short). The Co-Ordinate Bench of this Court framed the

following points for consideration at paragraph No.9, which

reads as under:

"9. In the light of the contentions raised, the following questions arise for consideration;

(a) Whether a writ petition under Article 226 of the Constitution of India is maintainable (before the publication of the calendar of events under Rule

14) to redo the voters' list for violation of Rule 13-

D(2-A) of the Rules, 1960, in preparing the eligible and ineligible voters' list?

(b) Whether the authority acting under Section 70(2)(c) of the Act, 1959 can decide the validity of the electoral roll vis-à-vis Rule 13-D(2-A) of Rules, 1960?

(c) Whether the judgments of co-ordinate Bench of this Court in Mohammad Beary and H.S. Raju supra are per incurium and contrary to the law in Election Commission of India through Secretary supra."

(Emphasis supplied)

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6. The Co-Ordinate Bench after giving deliberate

consideration to various judgments has held at paragraph

Nos.50 and 51 as under:

"50. For the reasons recorded, this Court concludes as under:

(a) The preparation of electoral roll under Rule, 13-D(2-A) of the Karnataka Co-Operative Rules 1960 is an integral part of the election process in the context of a question whether the writ petition is maintainable when the challenge is laid to the procedure initiated for preparing electoral roll.

(b) In a dispute under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959, the Authority under Section 70 can decide the question on the validity of electoral roll prepared under the Rules, 1960 and its impact on the election.

(c) The judgments in MOHAMMAD BEARY and H.S. RAJU are not per incurium

(d) The writ petition under Article 226 of Constitution of India to challenge the electoral roll on the ground of non compliance of Rule 13-D(2-A) of Rules, may lie in exceptional cases.

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51. Based on the conclusions arrived at in the facts and circumstances of the case, this Court is of the view that no exceptional case is made out in this petition to exercise Article 226 jurisdiction. This Court has not expressed any opinion on the eligible and ineligible voters' list prepared during the pendency of the petition. Hence, the following:

ORDER

Writ petition is disposed of on the following terms:

(i) The returning officer shall count the votes cast in the election held on 21.01.2024, to the Board of the 6th respondent bank, and shall announce the results.

(ii) The liberty is reserved to the petitioners or any aggrieved person to raise objections to the validity of the electoral roll in an election petition under Section 70(2)(c) of the Karnataka Co-operative Societies Act, 1959.

(iii) If such a dispute is raised, the Authority under Section 70 of the Karnataka Co-operative Societies Act, 1959, shall examine all questions including the question relating to validity of the eligible and ineligible voters' list and impact on the election to the Board of the 6th respondent - Bank.

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(iv) Nothing is expressed on the merits of the eligible and ineligible voters' list published during the pendency of the petition and said question kept open to be decided in the dispute under Section 70 of the Karnataka Co- operative Societies Act, 1959, if raised."

7. Section 70 of the KCS Act, 1959 reads as

under:

"70. Disputes which may be referred to Registrar for decision.-(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises.-

(a) among members, past members and persons claiming through members, past members and deceased members, or

(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its board or any officer, agent or employee of the society, or

(c) between the society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of

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any deceased officer, deceased agent, or deceased employee of the society, or

(d) between the society and any other co-

operative society, or a credit agency.

such dispute shall be referred to the Registrar for decision and no civil or Labour or Revenue Court or Industrial Tribunal shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.

(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely.-

(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor whether such debt or demand is admitted or not;

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(c) any dispute arising in connection with the election of a President, Vice-president or any office-bearer or Member of board of the society.

(d) any dispute between a co-operative society and its employees or past employees or heirs or legal representatives of a deceased employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);

(e) a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its board, past or present whether such loss be admitted or not.

(3) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.

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(4) xxxxx (5) x x x x x"

8. The plain reading of Section 70 makes it clear

that an extensive and exhaustive mechanism is provided

under the aforesaid Section and the authority under

Section 70 can decide the question on the validity of

electoral roll prepared under the Rules, 1960 and its

impact on the elections, whether the petitioners are the

eligible voters and have paid membership dues, or annual

general body meetings are attended or availed the

minimum services are all questions of fact, which have to

be decided under Section 70 of the KCS Act, 1959 and the

writ petition under Article 226 of the Constitution of India

to challenge the electoral roll, the petitioners have not

made out any exceptional case in this petition to be

entertained and the decision of the Co-Ordinate Bench of

this Court in the case of B. Ganganna as stated supra is

squarely applicable to the present facts and the present

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petition needs to be disposed of in similar terms and

hence, the following:

ORDER

i. The Returning Officer shall count the votes cast in

the elections held on 25.01.2025 to the Board of

Directors of respondent No.4-Society and shall

announce the results.

ii. Liberty is reserved to the petitioners or any

aggrieved party to raise objections to the validity

of the electoral by filing a Election Petition under

Section 70(2) of the KCS Act, 1959.

iii. If any dispute is raised under the provisions of

KCS Act, 1959 the authority under Section 70 of

the KCS Act, 1959 shall examine all questions

including the questions relating to the validity of

the eligible and ineligible voters list and impact of

the election to the Board of respondent No.4-

Society.